People v. Miller

Opinion

ASHBY, J.

By information appellant was charged in three counts of robbery in violation of Penal Code section 211 and with two prior convictions. Prior to trial, counts I and III were dismissed and appellant admitted the prior convictions. Following a jury trial appellant was found guilty of robbery as charged in count II and the degree was fixed at first degree. Appellant was sentenced to be imprisoned in' the state prison for the term prescribed by law.

Facts

On February 9, 1973, Glenard D. Whiting was shopping in downtown Los Angeles, having cashed a payroll check in anticipation of…